Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 3420, Mar. 10 | Printed Page 3440, Mar. 15 |

Printed Page 3430 . . . . . Thursday, March 10, 1994

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 38
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 45
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 50
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business


Printed Page 3431 . . . . . Thursday, March 10, 1994

with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 51
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 58
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:


Printed Page 3432 . . . . . Thursday, March 10, 1994

Part 1A and Part II, Section Number(s) 59
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 63
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 64
The reason for abstaining on the above referenced legislation is:


Printed Page 3433 . . . . . Thursday, March 10, 1994

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 66
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 70
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because


Printed Page 3434 . . . . . Thursday, March 10, 1994

of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Amendment Number(s) 187
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 5 and 55
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DAVID H. WILKINS

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 18N
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual


Printed Page 3435 . . . . . Thursday, March 10, 1994

with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. DAVID H. WILKINS

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 42, 56 and 70
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DAVID H. WILKINS

*********************************

Rep. BOAN moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4901 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A CONCURRENT RESOLUTION SALUTING JOHN MCKISSICK, LEGENDARY SUMMERVILLE HIGH SCHOOL FOOTBALL COACH, WHO HAS WON MORE FOOTBALL GAMES THAN ANY OTHER COACH IN HISTORY.

ADJOURNMENT

At 1:13 A.M., Friday, March 11, the House in accordance with the motion of Rep. THOMAS adjourned in memory of Major Spencer Guerry of Georgetown County, to meet at 12:00 Noon, Tuesday, March 15, in Statewide Session.

* * *


Printed Page 3436 . . . . . Tuesday, March 15, 1994

Tuesday, March 15, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father and our Judge, show us what we ought to do:

Cause us to look backward to see again in gratitude the wisdom of our founding father.

Cause us to look around and see the needs of our day.

Cause us to look inward to examine our own selves.

Cause us to look upward to seek Your will.

And then and always use us to move forward Your reign and rule on earth.

We pray earnestly to Him Who is the Lord of our lives. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Thursday, March 10, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. BAILEY moved that when the House adjourns, it adjourn in memory of Morris D. Finkelstein, which was agreed to.


Printed Page 3437 . . . . . Tuesday, March 15, 1994

REPORT RECEIVED

JOINT LEGISLATIVE COMMITTEE TO

STUDY CRIMINAL LAWS

March 14, 1994
Honorable Sandra McKinney
Clerk
House of Representatives
State House
Columbia, South Carolina

Dear Mrs. McKinney:

Please find attached a copy of the initial report of the Joint Legislative Committee to Study Criminal Laws as required by Section 2-25-10. Senator Holland requests that the report be printed in the House Journal.

Please let me know if you have any questions or if I may be of assistance in any way. I am

Very truly yours,
Angelia S. Tutko

March 15, 1994

Dear Legislative Members:

The Joint Legislative Committee to Study Criminal Laws was created by Act 184 of 1993. As required by the act, the following is the initial report of the committee.

The sixteen-member committee met and organized on November 18, 1993, and elected Senator Donald H. Holland as Chairman and Representative L. Morgan Martin as Vice Chairman.

The General Assembly has charged the committee with making "a continuous study and investigation of all facets of the laws relating to crime and punishment including, but not limited to, the study of revisions to this state's criminal code and the review of problems and concerns with the criminal justice system, so as to recommend appropriate statutory or regulatory modifications."

The committee has met and discussed general problems and concerns relating to all aspects of the criminal justice system in this State. The committee has heard testimony from various persons relating to prosecution of offenders, sentencing guidelines, classification act amendments, and juvenile crime. The committee intends to hear from other groups involved in the criminal justice system in the future.


Printed Page 3438 . . . . . Tuesday, March 15, 1994

This report contains the initial findings and recommendations of the committee.

INITIAL FINDINGS:

The committee finds that crime in South Carolina is a complex problem and is a major concern of the citizens of this State. It is the goal and purpose of this committee to carefully study all legislation which involves and impacts criminal laws.

The committee finds that while particular attention should be given to the impact of juvenile offenders and violent offenders on our State and criminal justice system, efforts must be concentrated on all areas of criminal law, including domestic violence, prison overcrowding, and sentencing laws.

The committee finds that crime has a major impact on all aspects of our society today. It impacts our state's economy, civil court system, family lives, and society as a whole.

The committee finds that it must study the criminal rather than just the crimes committed.

INITIAL RECOMMENDATIONS:

The committee recommends that the "clean-up" legislation to the Crime Classification Act of 1993 be enacted. At the time of this report, several House bills, including H. 4323, H. 4350, H. 4356, H. 4358, H. 4359, H. 4365, and H. 4512, are pending which would accomplish this. Also, there is a Senate Judiciary Committee Bill, S. 1157, pending which encompasses all of the suggested revisions in one bill.

The committee recommends funding for staff in that it believes funding is crucial to the effectiveness of the committee. Act 184 of 1993, which created this committee, allows the committee to "employ the staff authorized by the General Assembly in the State General Appropriations Act for expenses of the committee." Currently, the committee has no funding for staff or expenses. Without funding and staff, issues cannot be effectively researched or studied and the committee will be unable to meet its mandate from the General Assembly to study all facets of the laws relating to crime and punishment and to review problems and concerns with the criminal justice system.

The committee recommends that funding be made available for a temporary, part-time clerical position to assist in the administration of committee functions and responsibilities. Also, the committee recommends that funding be made available to employ an attorney for the committee. An attorney is necessary to research the myriad of


Printed Page 3439 . . . . . Tuesday, March 15, 1994

constitutional and other issues involved in the study of criminal law. The committee needs an attorney to advise the committee on criminal law, to draft proposed legislation, to track trends in the criminal justice system in the various states as well as nationally and to research these trends, and to generally be available to assist the committee in its work.

Also, the committee notes that the Sentencing Guidelines Commission will no longer exist as of July 1, 1994. The committee has drawn upon the resources of the commission, and believes that when the commission ceases to exist, there will be an even greater need to have an attorney available to study the various facets of the criminal justice system.

In closing, the committee looks forward to working with each of you as we continue to study all areas of criminal law and the criminal justice system.

Sincerely,
Donald H. Holland
L. Morgan Martin

Joint Legislative Committee to Study Criminal Laws

Membership

Representative Donald W. Beatty
Senator C. Tyrone Courtney
Mark R. Elam, Esquire
Senator Maggie W. Glover
Senator Donald H. Holland
Solicitor John R. Justice
Senator John C. Land, III
Honorable Jamie F. Lee
Honorable L. Henry McKellar
Representative L. Morgan Martin
Senator Lawrence E. Richter, Jr.
Representative Timothy F. Rogers
Jeffrey N. Thordahl, Esquire
Representative Dave C. Waldrop, Jr.
Honorable David H. Wilkins
Gwen Young-Smalls, Assistant Deputy

On motion of Rep. MARTIN, the report was ordered printed in the Journal.


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